Batten v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for the Class A misdemeanor of intentionally obstructing a peace officer from effecting an arrest. See V.T.C.A., Penal Code, § 38.-03. The jury assessed punishment at $100 fine, and appellant was placed on probation for six months. See Article 42.13, Vernon’s Ann.C.C.P.

At the outset we shall consider appellant’s contention that the trial court erred in discharging the jury when there was a conflict in the verdict returned.

The record reflects that at the penalty stage of the trial the jury was charged on the penalty for a Class…